Where practical difficulties, unnecessary hardships or results
inconsistent with the general intent and purpose of this title occur
by reason of the strict interpretation of any of its provisions, the
Planning Commission, upon its own motion, may, or upon the verified
application of any interested persons, shall initiate proceedings
for consideration of a variance from the provisions of this title.
The Planning Commission in granting said variance may establish such
conditions as may be deemed necessary to assure that the intent and
purpose of this title and the public health, safety and welfare will
be promoted.
A variance shall not be construed as an amendment to this Code
or cause the maps which are part of this title to be changed.
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The applicant shall set forth in detail on forms provided by
the Director of Community Development, the reasons for the requested
variance and shall show thereon how the conditions set forth in this
section are satisfied, and all other information as may be required
by the Planning Commission.
The Planning Commission, before granting a variance, must make
a finding in writing that in the evidence presented all of the first
four, or the last subsection E if it applies, of the following conditions
exist in reference to the property being considered.
A. That
there are exceptional or extraordinary circumstances or conditions
applicable to the property involved, or to the intended use of the
property, which do not apply generally to other property in the same
zoning district.
B. That
such variance is necessary for the preservation and enjoyment of a
substantial property right of the applicant, which right is possessed
by other property owners under like conditions in the same zoning
district.
C. That
the granting of the variance will not be materially detrimental to
the public welfare or injurious to property and improvements in the
area in which the property is located.
D. That
the granting of such a variance will not be contrary to the objectives
of the General Plan.
E. Appeals
That a variance may be considered where it is alleged by the
appellant that there is error in any order, requirement, permit, decision
or determination made by an administrative official in the administration
or enforcement of this title or any ordinance adopted pursuant to
it. In this case, the City may waive the filing fees required.
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Fees shall be established by resolution of the City Council.
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The petitioner or any other interested person may appeal any
decision of the Planning Commission or any condition imposed by the
Planning Commission by filing a written request, on forms provided
by the Director, together with an appeal fee established by resolution
of the City Council, with the City Clerk. The appeal shall be filed
within 10 calendar days of the decision of the Planning Commission.
The period shall commence on the first day after the action of the
Planning Commission and shall terminate at the end of the tenth day,
including therein the first day. If such an appeal is made, a copy
of the Planning Commission finding shall be transmitted to the Council
together with the appeal and the Council shall confirm or deny said
appeal. If the Council so desires, it may conduct public hearings
subject to the same procedures and notification as required for Planning
Commission hearings.
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The Commission in granting a variance, may set forth reasonable
conditions which shall assure the intent and purpose of this title.
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